RSC ORDER 93

APPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: CHANCERY DIVISION

  Contents of this Order
 
OMITTED   Rule1
OMITTED   Rule 2
PROCEEDINGS UNDER THE TRUSTEE ACT 1925(1)   Rule 4
APPLICATION UNDER SECTION 2(3) OF THE PUBLIC ORDER ACT 1936(2)   Rule 5
RIGHT OF APPEAL UNDER THE LAW OF PROPERTY ACT   Rule 9
DETERMINATION OF APPEAL OR CASE STATED UNDER VARIOUS ACTS   Rule 10
PROCEEDINGS UNDER THE COMMONS REGISTRATION ACT 1965(5)   Rule16
PROCEEDINGS UNDER SECTION 21 OR 25 OF THE LAW OF PROPERTY ACT 1969(6)   Rule 17
PROCEEDINGS UNDER SECTION 86 OF THE CIVIL AVIATION ACT 1982(7)   Rule 18
PROCEEDINGS UNDER SECTION 85 (7) OF THE FAIR TRADING ACT 1973(8) AND THE CONTROL OF MISLEADING ADVERTISEMENTS REGULATIONS 1988(9)   Rule 19
OMITTED   Rule 22

OMITTED

Rule1   

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OMITTED

Rule 2   

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PROCEEDINGS UNDER THE TRUSTEE ACT 1925(1)

Rule 4   
All proceedings brought in the High Court under the Trustee Act 1925, shall be assigned to the Chancery Division.

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APPLICATION UNDER SECTION 2(3) OF THE PUBLIC ORDER ACT 1936(2)

Rule 5   
(1)
Proceedings by which an application is made to the High Court under section 2(3) of the Public Order Act 1936, shall be assigned to the Chancery Division.
[2][Such an application shall be made by claim form and the persons to be made defendants to the claim shall be such persons as the Attorney-General may determine.][3][In the absence of other sufficient representation the court may appoint the Official Solicitor to represent any interests which in the opinion of the court ought to be represented on any inquiry directed by the court under the said section 2(3).]

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RIGHT OF APPEAL UNDER THE LAW OF PROPERTY ACT

Rule 9   
An appeal shall lie to the High Court against a decision of the Minister of Agriculture, Fisheries and Food under paragraph 16 of Schedule 15 to the Law of Property Act 1922(3).

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DETERMINATION OF APPEAL OR CASE STATED UNDER VARIOUS ACTS

Rule 10   
(1)
An appeal to the High Court against an order of a county court made under the Land Registration Act 1925(4), shall be heard and determined by a Divisional Court of the Chancery Division.

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PROCEEDINGS UNDER THE COMMONS REGISTRATION ACT 1965(5)

Rule16   
(1)
Proceedings in the High Court under section 14 or 18 of the Commons Registration Act 1965 shall be assigned to the Chancery Division.

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PROCEEDINGS UNDER SECTION 21 OR 25 OF THE LAW OF PROPERTY ACT 1969(6)

Rule 17   
Proceedings in the High Court under section 21 or 25 of the Law of Property Act 1969 shall be assigned to the Chancery Division.

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PROCEEDINGS UNDER SECTION 86 OF THE CIVIL AVIATION ACT 1982(7)

Rule 18   
(1)
Proceedings in the High Court for the amendment of any register of aircraft mortgages kept pursuant to an Order in Council made under section 86 of the Civil Aviation Act 1982 shall be assigned to the Chancery Division.
(2)
Such proceedings shall be brought by claim form and every person, other than the claimant, appearing in the register as mortgagee or mortgagor of the aircraft in question shall be made a defendant to the claim.
(2)
A copy of the claim form shall also be sent to the Civil Aviation Authority and the Authority shall be entitled to be heard in the proceedings.

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PROCEEDINGS UNDER SECTION 85 (7) OF THE FAIR TRADING ACT 1973(8) AND THE CONTROL OF MISLEADING ADVERTISEMENTS REGULATIONS 1988(9)

Rule 19   
(1)
Proceedings to which this rule applies shall be assigned to the Chancery Division and may be begun by claim form.
(2)
This rule applies to any application to the High Court for an order under section 85(7) of the Fair Trading Act 1973, or under any provision to which that section applies or under the Control of Misleading Advertisements Regulations 1988.

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OMITTED

Rule 22   

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FOOTNOTES
[1906 c.55. ]
1
1925 c.19. Back to footnote citation
2
1936 c.2. Back to footnote citation
3
1922 c.16; paragraph 16 was amended by the Law of Property (Amendment) Act 1924 (c. 5), section 2, Schedule 2. Back to footnote citation
4
1925 c.21. Back to footnote citation
5
1965 c.65. Back to footnote citation
6
1969 c.59; section 25 was amended by the Limitation Act 1980 (c.58), section 40(2), Schedule 3, paragraph 9; and by the Land Charges Act 1972 (c.61), section 18, Schedule 5. Back to footnote citation
7
1982 c.16; section 86 was amended by the Merchant Shipping Act 1995 (c.21), section 314(2), Schedule 13, paragraph 64. Back to footnote citation
8
1973 c.41. Back to footnote citation
9
S.I. 1988/915. Back to footnote citation
[ 2000 c.60.]

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